NATHUNI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsels for the petitioner and the State.

(2.) PETITIONER has retired from the post of Registrar on 31.1.2002. His grievance is that inspite of the direction of the High Court his case for promotion to the post of Under Secretary and Deputy Secretary is not being considered by the respondents. Prayer of the petitioner is for quashing of the decision of the Departmental Promotion Committee held on 5.8.2004 whereby the case of the petitioner for promotion had been rejected in terms of Section 7(1) (gha) of Secretariat and Attached Offices Joint Cadre (Amendment) Act, 2004 as the petitioner had superannuated. Further prayer of the petitioner is for direction to the respondents to consider and grant notional promotion to the post of Under Secretary w.e.f. July, 1997, to the post of Deputy Secretary w.e.f. July, 1999, to grant all consequential benefits arising out of grant of such promotion in the nature of revision of pay, increment, refixation of pay scale, refixation of pension and pensionary benefits. Petitioner has also prayed to pay arrears of difference of pay w.e.f. 22.2.1994 on account of his promotion to the post of Registrar.

(3.) PETITIONER 'scase is that since the vacancy occured in 1998 and process also commenced in 1998 as such the petitioner 'scase for promotion should have been considered as per the then existing Act and Rules. The Departmental Promotion Committee continued to adjourn the meeting and finally after petitioner 'sretirement decided the case of promotion in terms of Section 7(1) (gha) of the Assistant of Secretariat and its attached Offices Joint Cadre (Amendment) Act, 2004 though it was not retrospective in its effect.